Driving without insurance is illegal in Colorado. Anyone caught operating a vehicle without insurance will be subject to penalties. Auto insurance law in the state is incredibly clear on these requirements.
Some people may need legal advice for driving uninsured, though what happens if you were in a car accident with an uninsured driver?
Ganderton Law LLC is a law firm that is committed to putting the personal back into personal injury law. With our previous experience working on insurance defense, we can provide insight into the consequences of driving without insurance as well as what you can do if an uninsured motorist caused car accident injuries.
Understanding Auto Insurance Law in Colorado
All Colorado drivers are required to carry auto insurance coverage at the minimum requirements set by the law. This means that you must minimally have $25,000 in coverage for bodily injury per person and $50,000 to cover bodily injury per accident. The minimums also require you to carry a minimum of $15,000 in coverage for property damage per accident.
This auto insurance law is in place to help each driver cover the expenses related to an accident. Since Colorado is an at-fault state for insurance, the driver who caused the car accident will be responsible for covering the damages of the other driver.
Unfortunately, if another driver causes your accident and they don’t have insurance, you may need to rely on your own insurer to cover the expenses you’ve incurred. If you only have the minimum coverage, you may be stuck paying out of pocket unless you file a car accident lawsuit against the at-fault party.
Even if they have the minimum coverage in place, your injuries and damages may exceed the limits of these minimum coverage requirements. It’s common for many drivers to simply choose the minimum requirements since it’s the cheaper option, though it is ill-advised. If you have a run-in with a driver that only has the bare minimum—or worse, has no insurance—it can be incredibly frustrating. Speak with a car accident lawyer who can help provide legal insights and options to resolve this matter.
Penalties for Driving Without Insurance in Colorado
While it hardly seems fair that you’ll be footing the bill when another driver causes your accident and doesn’t even have the minimal insurance coverage required by the state, you can take heart in knowing there are penalties for driving without insurance. The consequences of driving without insurance are incredibly steep in Colorado.
Most minor traffic violations will only result in a citation. They may be made to pay a fine, but they won’t incur a blemish on their criminal history. However, driving without insurance is illegal, and it comes with criminal charges rather than a traffic ticket.
If you don’t have insurance and someone crashes into your vehicle, you’ll face the same charges. Whether your insurance lapsed without you noticing or you willfully chose to drive without it, consult a lawyer if you’re facing criminal charges.
Here are the penalties a driver will face in Colorado if they are caught driving without insurance:
First-Time Offense for Driving While Uninsured
Even for the first offense, police officers have the authority to suspend and confiscate that person’s driver’s license for driving without insurance. If you are pulled over or in an accident and do not have proof of auto insurance coverage, you’ll get a notice of suspension. This can be remedied by providing a vehicle liability insurance document known as the SR-22.
This form can clear up issues for driving without insurance, but it also will go on your driving record. Insurance companies will use this as a basis for claiming you are a risky driver and have cause to raise your insurance rates.
If no proof of insurance can be provided, then you may face a class one misdemeanor. The consequences of driving without insurance for this first offense mean that you will wind up with a criminal record. You’ll also face a minimum fine of $500, suspension of your driver’s license until you can get proper insurance coverage, and possibly up to 40 hours of community service. A reinstatement fee of $40 to get your license back will also be required, along with needing to submit the SR-22 for the next three years.
Second Driving Without Insurance Offense
The penalties for driving without insurance become more severe with the second offense. If someone is caught driving while uninsured within five years of their first violation, they will face fines starting at $1,000. The courts may additionally mandate 40 hours of community service, though they may instead choose to put the offender in jail for 10 days up to one year. Suspension of the driver’s license will be in effect for four months, regardless of providing proof of coverage after it is obtained. Drivers must pay $40 to have their driver’s license reinstated and submit the SR-22 form for the following three years.
Driving Without Insurance for the Third Offense and Beyond
Any driver who violates auto insurance law in Colorado within five years of their previous violation will be subjected to the same penalties detailed for a second violation. The court does have the authority to impose larger penalties for the fines and length of time spent in jail. Driver’s license suspension for the third offense or any subsequent offenses will last for eight months.
Other Actions Deemed Illegal by Auto Insurance Law
Some people forget that they didn’t send their insurance premium payment while others may not realize their coverage has lapsed. There are also people on the roads who know full well that they do not have car insurance and intend to do nothing to remedy their situation.
If they are pulled over, they may try to provide false information about their insurance standing. This is never a good idea as it falls under the category of fraud, an even more serious criminal offense. Insurance fraud can result in a person spending a maximum of three years in prison and require fines of up to $100,000.
Preventive Measures: Tips for Ensuring Compliance with Colorado Auto Insurance Law
The best way to make sure you don’t get caught on the wrong side of the law for not having auto insurance is to check your policy. Pull out your documents, review them, and call your insurer if there is anything that seems unclear.
Additionally, you should check to make sure your policy is in good standing. You can review your bank statements to look for payments made to your insurer. Even if you regularly pay on time, keep an eye out as mistakes can be made. Until they are cleared up, you could be charged for failing to keep the mandated insurance requirements in place.
It’s never a bad idea to add uninsured or underinsured motorist coverage to your policy. This way, you can get the protection you need to cover your expenses from the injuries and damages you incurred in the accident.
What to Do If You’re in a Car Accident Caused by an Uninsured Driver
Unfortunately, you could be in a situation where an uninsured driver has caused your accident. You may have serious injuries that require extensive medical treatment and be unable to work due to this event.
If the other driver does not have insurance, they will face criminal penalties imposed by the state. You can use your uninsured motorist coverage if you have it, but if you don’t or you purchased a policy that won’t cover the full extent of your damages, you can file a car accident lawsuit against the at-fault driver.
While you may think this is something you can handle on your own, the insurer may even try to partially blame you. However, if you’re the one who was driving safely and had proper insurance coverage, that hardly seems fair.
If you’re facing the aftermath of a car accident with a driver who broke the law by driving without insurance, get legal representation from a personal injury lawyer. Ganderton Law, LLC assists victims stuck in these situations and works to help them recover full compensation.
If your insurance accidentally lapsed just before an accident that wasn’t your fault, you can get legal advice for driving uninsured and learn more about your options. No matter the standing of your insurance, always start by calling the police to report your accident, get medical care, document the accident, and contact an attorney to discuss your claim.
